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EEA FP for UK: British Citizen exercising treaty rights

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

limi
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EEA FP for UK: British Citizen exercising treaty rights

Post by limi » Thu Dec 13, 2012 4:35 pm

I am a British Citizen and have moved to Germany to work and live with my non-EEA Wife so I can exercise treaty rights as a worker on return to UK. We plan to drive back and seek entry at Calais.

Our Situation at the moment is this:
We Rented 1 bed flat on a year contract in both names.
Husband Working Mini Job 400Euro a month (second month now: we have payslip and work Contract)
Joint Bank Account
Private health insurance
Done all the registrations at the local Komune
Applied for German Residency
Went and got married in Denmark

Our questions are??

How Long do I need to be here as a British Citizen working abroad to qualify
IS a mini job considered the same as in working relations.
Would a German EEA FP help at the border.


We would appreciate your advise and suggestions
Limi

ShrewsburyMark
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Post by ShrewsburyMark » Thu Dec 13, 2012 7:56 pm

I think 3 months is the minimum better 6 but sounds like you are OK to me

wait and see what the guru's say...

limi
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Post by limi » Thu Dec 13, 2012 8:07 pm

ShrewsburyMark wrote:I think 3 months is the minimum better 6 but sounds like you are OK to me

wait and see what the guru's say...

Many thanks Mark, I hope more people will advise or share Experiences

jca142
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Post by jca142 » Thu Dec 13, 2012 8:09 pm

Where is your wife from? I was in a similar situation, however I lived in Belgium and met my wife(Ukrainian) there, we married there and had a child also. We lived together as man and wife for 6 years before we came back to the UK... The UKBA basically need to see an established relationship... photos.... indeed proof of job, can you support her back in the UK.... We did not need private health insurance, as we had met here and applied for a EEA FP in Brussels... You will only need private health insurance if you meet outside EU and apply for papers to enter the UK from there. If you both live in the EU and have residence cards for Germany then you are in a stronger position. You can then apply via the Surrinder Singh route.... look it up for more info... There are no hard fast rules about length of working in Germany or EU.. all the UKBA need to know is are you or will you be a burden on public funds and can you support yourselves when you are back in the UK. We are now back in the UK but I am working full time and supporting my wife and child and the residence papers are being processed!
Good Luck

limi
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Post by limi » Thu Dec 13, 2012 8:30 pm

I was there too but didnt like it and moved to Germany. we have applied for residency here 3 weeks now, we called them yesterday, we were told to expect a letter in the next 2-3 days, the guy at the local office suggested is to get finger prints. Back in London i have a small Business running so no need for benefits, actually i wonder if that affects the Surrinder Singh route?

Jambo
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Post by Jambo » Thu Dec 13, 2012 8:49 pm

Whether you would become a burden on the state or not is not relevant to Surinder Singh route.

The shortest period I heard of was of two and half month. The figure normally quoted in the forum is 6 months but as there are no formal guidelines, one can always try and see.

Directive/2004/38/EC
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Re: EEA FP for UK: British Citizen exercising treaty rights

Post by Directive/2004/38/EC » Sat Dec 15, 2012 9:02 am

limi wrote:I am a British Citizen.

Husband Working Mini Job 400Euro a month (second month now: we have payslip and work Contract)
It does not matter if your husband is working, or relaxing at home. All that matters is that he is your husband.

What matters is what you, the EU citizen, has been doing. You do not really talk much about your work. Can you describe in more detail?

Greenie
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Re: EEA FP for UK: British Citizen exercising treaty rights

Post by Greenie » Sat Dec 15, 2012 10:27 am

Directive/2004/38/EC wrote:
limi wrote:I am a British Citizen.

Husband Working Mini Job 400Euro a month (second month now: we have payslip and work Contract)
It does not matter if your husband is working, or relaxing at home. All that matters is that he is your husband.

What matters is what you, the EU citizen, has been doing. You do not really talk much about your work. Can you describe in more detail?
the op's original post is rather confusing, i had to read it more than once. If you read it again you will see that he firstly states 'i am a British citizen and moved to Germany to work and live with my non Eea wife'. Confusingly he then refers to himself in the third person 'husband working' so it appears that the op is the British citizen who is working.

limi
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Re: EEA FP for UK: British Citizen exercising treaty rights

Post by limi » Sat Dec 15, 2012 10:41 am

Directive/2004/38/EC wrote:
limi wrote:
What matters is what you, the EU citizen, has been doing. You do not really talk much about your work. Can you describe in more detail?

Hi, Sorry the original post is a bit confusing.

I, the husband a British Citizen am working for a Building Company (at the moment mini job 400EURO/month)


.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Dec 15, 2012 11:37 am

A German Residence Card is a very good idea, and it sounds like you have already applied. Takes about a month to process.

http://eumovement.wordpress.com/2011/12 ... -a-worker/ is specifically written in terms of citizens returning to their home member state after having worked in host member state. Read through it carefully.

If you plan to seek entry at Calais, then read through http://eumovement.wordpress.com/2010/08 ... to-travel/ Be sure to carry with you all the collected evidence that you have been working in Germany.

I really enjoying living and working in Germany. I hope you enjoy it well enough that you can and want to stay!

limi
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Post by limi » Mon Feb 04, 2013 10:47 pm

Dear all advisors,
We have just received a German version of EEA-FP for my Wife. Next week we want to travel back to UK by car and seek entry at Calais.
I have gathered all the documentation advised on this forum as below:
Personal Statement explaining our position and EC Law
Work Contract unlimited (in German)
Two monthly payslips
Letter from Tax Registry Office
Marriage certificate
Tenancy Agreement
German EEA FP for my non-EEA Wife
German Joint Bank Statements
Questions
Is all the above sufficient enough for the Border Officer
Which port would be better to use Calais or Dankerque
Would the documents being in German language cause a problem
Is there anything else you would advise we should do or say to the border Officers?

Many thanks and appriciate your help
Limi

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Feb 04, 2013 11:25 pm

Note that you have a Residence Card. There is no such thing as an EEA-FP in Germany.

My only advice is to give yourself lots of time. I would personally book a ferry for about noon on a weekday. Get there at about 8am so there is lots of time in case there are problems. Bring food and water and something to read for any delay.

If you have any problem, write down name and badge number. Then ask for the supervisor. And repeat if needed. Since it is during the day during a work day, it should be easier. Be patient and escalate as high as you need in the unlikely event there is a problem. And do not take no as an answer. Have them write everything down.

ukforever
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Post by ukforever » Wed Feb 06, 2013 2:30 am

limi wrote:Dear all advisors,
We have just received a German version of EEA-FP for my Wife. Next week we want to travel back to UK by car and seek entry at Calais.
I have gathered all the documentation advised on this forum as below:
Personal Statement explaining our position and EC Law
Work Contract unlimited (in German)
Two monthly payslips
Letter from Tax Registry Office
Marriage certificate
Tenancy Agreement
German EEA FP for my non-EEA Wife
German Joint Bank Statements
Questions
Is all the above sufficient enough for the Border Officer
Which port would be better to use Calais or Dankerque
Would the documents being in German language cause a problem
Is there anything else you would advise we should do or say to the border Officers?

Many thanks and appriciate your help
Limi

hi,can u keep us updated please,it may help others..thanks
UK------++++-------****

limi
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Post by limi » Sat Feb 09, 2013 10:00 pm

Dear all Advisors :: UPDATE

We finally made it to UK, very Happy, Many thanks for your help and advise you have given us.
We arrived by car at Calais port and handed over Passports, Payslips, Work contract tenancy agreement and our statement explaining why we're there, at the beginning we got told by the officer at the passport control Kiosk that they need to stamp my Wife’s Passport and that another Officer will see us at their offices close by.

We got asked all sort of questions and treated as if we were unlawfully trying to enter the UK because my wife has no Visa for UK on the Passport and we should have gone at the Embassy to apply for EEA fp. They asked for all sort of paperwork which we supplied all.
They than Detained my wife (paragraph 16 of immigration act 1974 they said) and interviewed us both separately three times, treated very very badly.
After 6 or 7 hours they released us issuing a stamp on the passport, a big square one Leave to enter the UK for 6 months and another border stamp below it.
Now I am wondering if she is still entitled to apply for the 5 year residency under EU Law and when should i apply ??

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Feb 09, 2013 10:46 pm

limi wrote:We finally made it to UK, very Happy, Many thanks for your help and advise you have given us.

We arrived by car at Calais port and handed over Passports, Payslips, Work contract tenancy agreement and our statement explaining why we're there, at the beginning we got told by the officer at the passport control Kiosk that they need to stamp my Wife’s Passport and that another Officer will see us at their offices close by.

We got asked all sort of questions and treated as if we were unlawfully trying to enter the UK because my wife has no Visa for UK on the Passport and we should have gone at the Embassy to apply for EEA fp. They asked for all sort of paperwork which we supplied all.

They than Detained my wife (paragraph 16 of immigration act 1974 they said) and interviewed us both separately three times, treated very very badly.

After 6 or 7 hours they released us issuing a stamp on the passport, a big square one Leave to enter the UK for 6 months and another border stamp below it.

Now I am wondering if she is still entitled to apply for the 5 year residency under EU Law and when should i apply ??
Welcome home! Sounds like a very long day. Missing Butter Bretzen yet?

From the bottom up: The reason she was admitted to the UK was because she is covered by EU law. So YES of course she can apply for a UK issued Residence Card.

I wonder why they "detained" her? I would probably complain formally. I don't see any reason they should have done that.
Last edited by Directive/2004/38/EC on Sat Feb 09, 2013 11:15 pm, edited 1 time in total.

Jambo
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Post by Jambo » Sat Feb 09, 2013 10:51 pm

The big square stamp is Code 1A stamp which allows her to work.

She can apply tomorrow for a 5 years RC, if she wish.

See Q5 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

logical_1
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Post by logical_1 » Mon Feb 11, 2013 12:02 am

Limi, could you please tell us that how long did u work in Germany before moving back to U.K?
Many thanks.
Did u sell your soul for a mere stack?

ukforever
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Post by ukforever » Mon Feb 11, 2013 3:19 am

logical_1 wrote:Limi, could you please tell us that how long did u work in Germany before moving back to U.K?
Many thanks.
first congrats and welcome to the uk,

yes,it would be very interesting to know how long the british citizen have been working in germany before he came back,in the initial OP's post,he said its the second month that he has been working,so i presume that he did submit 2 month payslips, anyway,LIMI can u please let us know how long u have been exercising treaty rights in germany before coming back to the uk,thanks.
UK------++++-------****

ukforever
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Post by ukforever » Mon Feb 11, 2013 1:44 pm

hi limi,
can u also let us know what kind of paper work they asked u to supply,as it may help some in the forum for future references ,thanks.
UK------++++-------****

kikijon1
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Post by kikijon1 » Mon Feb 11, 2013 9:57 pm

Congratulations, and we are currently in Europe, my wife on an Indonesian passport, our 3 kids who all have UK passports and myself, so yes please leave every detail you can remember.. well done

limi
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Post by limi » Tue Feb 12, 2013 10:15 am

Hi all,

I worked two full months and had with me two monthly payslips and work contract,

I lived there three months together with my wife before returning home.

Hope this helps, good luck

ukforever
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Post by ukforever » Tue Feb 12, 2013 10:40 am

limi wrote:Hi all,

I worked two full months and had with me two monthly payslips and work contract,

I lived there three months together with my wife before returning home.

Hope this helps, good luck
thanks limi,this helps a lot,happy for u and for wife,and i know it was really not a pleasant experience,specially for your wife,enjoy your new life in the uk and i wish u the best for your family.

what about the paper work that they ask u to provide,as u mentioned they asked u to provide the requested paper work that u supplied as u mentioned in your message,can u elaborate more please,as its important for everybody to know what exactly they asked for the admission,better to have everything in hand than not..thanks limi.
UK------++++-------****

wiggsy
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Post by wiggsy » Tue Feb 12, 2013 8:56 pm

well done on two months of work!!!!

(eight weeks? or 2 calandar months?)

so either way, 10 weels certainly looks positive

please detail what paperwork you had, and supplied as others ask... Myself and few others on forum are approaching Ireland for this route, and simular circumstances to yourself (I myself have Indonesian Wife and Two BC children).

all details (even things you dont think matter) could essentially mean somebodys success and somebodys failure. :)

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Feb 12, 2013 10:52 pm

wiggsy wrote:well done on two months of work!!!!

(eight weeks? or 2 calandar months?)

so either way, 10 weeks certainly looks positive
It can also be a great experience to live in another EU member state. You may find you want to stay there working for far longer.

Graham Weifang
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Post by Graham Weifang » Wed Feb 13, 2013 2:48 pm

wiggsy wrote:well done on two months of work!!!!

(eight weeks? or 2 calandar months?)

so either way, 10 weels certainly looks positive

please detail what paperwork you had, and supplied as others ask... Myself and few others on forum are approaching Ireland for this route, and simular circumstances to yourself (I myself have Indonesian Wife and Two BC children).

all details (even things you dont think matter) could essentially mean somebodys success and somebodys failure. :)
.
Hi Wiggsy,
It appears that Germany may be an easier route than Ireland, even in view of the language difficulties.
What do you think?

vette

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